People v. Guzman

Sullivan, J. P.,

dissents in a memorandum as follows: Since I am of the opinion that there "is just no chance that the verdict would have been any different” if the court had included a charge on the presumption of innocence (People v Creech, 101 AD2d 753, 754), I would affirm the judgment in all respects. In its final charge, the court clearly instructed the jury, as it had done in its preliminary instructions, that defendant "was under no obligation to prove anything” and that the People have "the burden of proving the defendant’s guilt beyond a reasonable doubt with respect to each and…